The crews of MT Tritrust and MT Mega Ensoleilee, the two fuel tankers caught by the Bureau of Customs (BOC) in the act of illegally transferring smuggled fuel at Navotas Fish Port, will face charges for transporting unmarked fuel in commercial quantities.
The seven-page Inquest Resolution dated September 21, 2024, from the Office of the City Prosecutor of Navotas City showed that the prosecutor found prima facie evidence and reasonable certainty of conviction for filing criminal charges against the crew of the two fuel tankers for violation of Section 265-A of the National Internal Revenue Code (NIRC), as amended by Section 80 of Republic Act No. 10963, or the Tax Reform for Acceleration and Inclusion (TRAIN) Law.
BOC Commissioner Bienvenido Y. Rubio lauded the swift action by the Manila International Container Port Customs Intelligence and Investigation Service (MICP-CIIS).
The Inquest Resolution, which recommended filing cases against the twenty-three (23) crew members of both vessels, noted the failed fuel marking results initiated by the BOC.
Under Section 80 of Republic Act No. 10963 (TRAIN law), which amended Section 265-A of the NIRC, persons found to be engaged in the sale, trade, delivery, distribution, or transportation of unmarked fuel will be fined P2.5 million for the first, P5 million for the second, and P10 million for the third offense, as well as the revocation of their license to engage in any trade or business.
BOC-CIIS Director Verne Y. Enciso assured that the BOC and the Department of Justice (DOJ) would continue to pursue fuel smugglers and anyone involved in the illegal fuel transfer or the "paihi" system.
"We've been monitoring these illegal activities for some time now and gathered the needed information to catch these perpetrators and ensure that appropriate cases are filed against them. We are coordinating with other relevant agencies to stop those involved in this modus," he said.
MT Tritrust was caught transporting 320,463 liters of unmarked diesel fuel, while MT Mega Ensoleilee carried 39,884 liters.
The smuggled fuel from both tankers was estimated to be worth P20,350,000.00.
Meanwhile, the Resolution also ordered that a preliminary investigation be conducted on additional charges for violation of Section 1401 of the Customs Modernization and Tariff Act (CMTA) or unlawful importation against the subject fuel tankers' owners, managers, and corporate officers.
Intelligence Group Deputy Commissioner Juvymax Uy said the company may face charges for violating Section 1401 of the CMTA.
"A subpoena will be issued to the Securities and Exchange Commission to submit the subject company's latest GIS, or general information sheet. This will jumpstart the prosecutor's investigation into the company and its activities relating to its possible involvement in the paihi system," he explained.
The BOC will remain relentless in its efforts to combat fuel smuggling in all forms, including the "paihi" modus. It will also continue to coordinate closely with the DOJ in its investigations of illegal fuel transfers.
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